The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1887-11-02
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THE NATIONAL CAPITAL.

THE NATIONAL CAPITAL.
WHEN the case OF the condemned anarchists
came up in the Supreme Court at Washington
on Thursday the courtroom was packed by
people anxious to hear the arguments. Three
hours were evenly divided between j. Ran
dolph Thicker and Attorney General Hunt, Of
Illinois Says Washington dispatch:
Each made clean and strong argument and
both were very closely listened to and seldom
interrupted by any member Of the court. Mr..
Tucker got along swimmingly while he ex-
planned to the court that 1t was only necessary
for his side to show q conflict between tho action
OF the Illinois courts and the Federal Constitu-
ton in order TO entite his clients To writ !;
whether the conflict amounted to a repugnance
was to be settled IL the writ were granted at q
hearing, on the merits Of the question. and
he did not the court while
he WAS explaining in eloquent fash
ion the unconsttutionality Of trying
man before a Jury some OF whose members
when he began TO argue thar the first ten
amendments, while originally restraints upon
federal Iower, were injected into the substance
Of the fourteenth amendment SO that the pro-
visions of that amendment really covered
everything in the first ten amendme nts,
Justice Field smiled increduously and
marked that he was giving the fourteenth
amendment u pretty wide construction !;
and "A few minutes afterward, when
Mr.. Tucker was explaining that the
petitioners had been denied the right to
peaceably assemble and discuss public affairs.
Justice Miller, in entire Inconsistencies of
Mr.. Tucker labored argument, that the four
teenth amendment had the effect of invest
ing the first ten amendments with a new and
additional power, reminded the speaker that
the fourteenth amendment was a restraint
upon Federal power alone, whereupon Mr..
Tucker started in again to explain that the
first ten amendments were by the fourteenth
amendment made restraints upon State power
ms We as Federal power This exposition of
the fourteenth amendment received q severe
blow when Attorney General Hunt cited
the opinion OF the court made only two
and half years ago in the Presser case also
an anarchist case, and also case from Chi
cago. Presser was convicted by the State
courts OF violating a law which limited to the
regularly mustered State militia the right to
parade the streets with arms. He appealed TO
the Federal Supreme Court on the ground that
the right to ear arms was guaranteed to him
by the Constitution OF the United States, and
that this being so, the right to bear arms
one OF the rights and immunities OF citizenship
which the fourteenth amendment guaranteed
to him. The court held that the second
amendment was restraint upon federal and
not state power, and that the fourteenth
amendment had nothing TO do with the case.
Thus IL will be seen that the Presser was
closely analogous to Mr.. fuckers presentation
OF the present case. and in the Presser case the
State law was upheld. The argument for the
day concluded with some brief remarks by Mr..
Hunt on the impracticability and absurdity of
the claim made in Gen. Buffers brief for Spies
and Fielden that they were subjects of foreign
powers with which the United States had
foreign powers, in territories, certain rights
OF trial, and that the treaties antedated the
Illinois act OF 1874 regarding the admissibilty
10 luries OF certain persons, and that Spies and
fiolden had treaty right to be tried by jury
impaneled in accordance with what was the
law in force in this country at the time tho
treaties were ratified.
The Treasury Department announces that
it has suspended the issue of silver certifi-
Gates or other paper currency in denomina-
II
that the Bureau of Printing and Engraving is
unable to supply the notes at present No
date is fixed for resumng the issue of small
notes.
OWING to ignorance of the date when il was
10 be called, the Attorney General of Kansas
failed TO appear and make an oral argument
in a prohibition case which has attracted con-
siderable attention, and which was argued on
behalf of the liquor dealers before the United
States Supreme Court some time since On
Wednesday the court refused his request that
he might be allowed to make an argument
because Of his failure to appear at the proper
time.
The hearing of the motion of the anarch-
lists for a writ of error was concluded in the
United States Supreme Court on Friday, Oct
2S The closing arguments were made by
States Attorney Grinnell, of Chicago, and
Gen. b. +. Butler
Mr.. Grinnell spoke less than an hour. but he
commanded close attention all the way through.
He started out by disavowing the intention to
make an argument but what he said was clear
forcible and convincing. The first utterance
attracted attention because IL revealed the fact
that in all the twenty eight assignments of
error IN Judge Gary's court there refer
ence to the Federal Constitution and effort
10 raise Federal question Then le took m m
the objections raised to Jurors Denker and SAN
ford and demonstrated from the record that no
rights OF the defendants had been abridged by
their selection. Denker was among the first four
Jurors sworn and really accepted by the
defense after their first objection. but even II
ne had not been accepted, the defendants
at that time had 1i2 challenges. with
one OF which they could have dis
posed Of Denker II he was objectionable. Mr..
Grinnell then laid bare the complaint that
Juror Sanford had been forced upon the de-
Tense after all thor challenges had been
nausted. He showed that after eleven jurors
had been accepted by both sides the defense
had forty three challenges left, but these were
frittered away before Sanford was called. Dur
ing oil OF this portion OF Mr.. Grinnell's speech
the members of the court were close listeners
They asked many questions about the record
and the manner OF selecting juries. and showed
portance tnan all the discussion about
the constitution and equal rights in.
sntea But What 70 Sad Ge tSs
most was the States Attorneys analysis Of the
jury. His statement about the number Of
talesmen examined the division of challenges,
and finally the assertion that the Jury itself
was representative OF American citizenship,
chosen from no class and having in it no capt
talist, attracted the keenest interest not only
from the Judges but the audience which filled
the courtroom MIR. Grinrell quoted the cases
OF Kerr and Guteau as precedents for Selling
evidence. General Butler followed Mr. Grin
nell. He complained that matter had been in
troduced into the case that did not appear I'm
the record, and that the lives OF his clients had
thus been put i'm jeopardy. He asked for an
extension of time in which to discuss this ex-
traneous matter, but il was not granted Tho
leading feature OF General Buffers argument
was the claim that ppies and Ficlden
were entitled to greater privileges than